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Michael T Millar
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Michael Millar’s Answers

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  • OK I've never used this site before but I have a real estate question about liability.

    I live in a very rural area of Arizona called Happy Jack. We live in a subdivision of sorts with no homeowners association or County services. When I bought this place there was a road agreement filed with the County that states the road is privat...

    Michael’s Answer

    If it is a private road, you likely have the right to gate it and prevent access by the general public.

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  • Can a listing agent list a 4 bedroom house, when it is legally only 3 bedrooms?

    We are currently in the inspection contingency period of our home buying. After the inspection, we found out the basement can't be used as a bedroom (not large enough windows for a fireman). We also found noticeable mold in the basement which was...

    Michael’s Answer

    You need to take your real estate contract to an attorney. Your contract likely has a home inspection contingency which provides deadlines for inspecting the home and making demands for repairs. It is only after you demand repairs remediation and the Seller refuses, that a right to cancel arises.

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  • Ex husband not on deed or mortgage. Does he still have to sign quit claim deed in nj

    I alone am on the deed and mortgage note. He has never been on either. We are divorced and I am trying to go forward with a quit claim transfer to the bank, but they want his signature also. Is it necessary? Can I just move forward without his sig...

    Michael’s Answer

    If you purchased the home prior to your divorce, and unless your divorce decree gives sole ownership to you and your ex previously deeded his interest to you, your ex-sposoue will likely have to sign the deed.

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  • I have a fenced yard. The town where l live is now saying that I have to take care of the land on the other side of fence.

    The township use to cut it now they are saying that I have to.

    Michael’s Answer

    The question is: who owns the land in question? The location of the fence is unimportant. It is your property lines that are important. You should look to the survey that you received when you purchased the property.

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  • Remove name from property title

    If both parties agree, can I remove my name from a property that both my name and my husband's name are on the title? Do I have to pay title transfer fees, filing fees, etc.?

    Michael’s Answer

    Your question is actually more complex than it sounds. You can, of course, quit claim your interest to your husband. However, because you are still married, you are still considered an owner of the property whether your name is on the deed or not. You would likely need special language on the deed waiving your marital interest.

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  • If I am not on the loan but I am on the deed am I equal owner of our home that we are about to purchase?

    I am new to the state of new jersey and for some reason my husband does not want me on the loan

    Michael’s Answer

    In NJ, as a married couple, your names must be both on the deed and the mortgage - but both names are not required on the note. As a married couple, technically you each one 100% of the property. You have what is known a tenancy by the entireties.
    Also, under NJ family law, as a married couple, you are entitled to equitable distribution ("ED") of marital property on the dissolution of the marriage. Although Ed does not require a 50-50 split of the property, it typically results in an even split of marital property. And, typically, marital property is anything purchased between the date of marriage and the date of the filing of a complaint for divorce.

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  • Deed in lieu or foreclosure in NJ?

    Hi, I own a house in Atlantic County, NJ. Due to the reduction of income, increasing expenses (had a baby) and worry about the economic future of the area, I stopped paying mortgage more than 3 years ago. In the mean time got a better job offer ou...

    Michael’s Answer

    You can call the lender and tell them you wish to do a deed in lieu of. Often, they will provide you with the paperwork. Note that although they likely won't sue you for any deficiency, they may also 1099 you for the write off so that you can get hit with a tax bill.

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  • I am recorded as SELLER on a document "Seller's residency certification/exemption" what does that mean?

    I intend to seek an attorney about this matter but I am trying to get things straight in my head. It also states that I own 1/3 of the property. /where else would I be recorded as owning same. My mom left her three kids a house 1/3 each in her wil...

    Michael’s Answer

    • Selected as best answer

    Did you receive ⅓ of the net proceeds from the sale of the property? If so, you may not have any damages. Monmouth County land records are online. You should be able to go online and look at the deed to see who signed as seller.

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  • How to compel party to attend depositions?

    Party tells me that they refuse to come. Do I make a motion

    Michael’s Answer

    If you have properly noticed the deposition and it is within the geographic region permitted by the rules of court, then you can make a motion to compel the deposition or in the alternative to dismiss the other party's pleadings for their failure to make discovery.

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  • I have contracted a real estate agent for 6 months. I have found someone to buy my property myself will I still have to pay him?

    Commercial property.

    Michael’s Answer

    Your rights will be governed by the terms of your contract - the listing agreement - with the broker. Typically, the broker is entitled to a commission for any buyer procured during the period of the listing.

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